Pub. L. No. 100-568, 102 Stat. 2853

Title 17 defines copyright law in the United States in thirteen chapters.  The foundation of title 17 comes from the Copyright Act of 1976 but has been heavily updated since then.

Application to international law is addressed in the appendixes of the title, with the focus of Appendixes II through VI dealing with the Berne Convention of 1886 and the Uruguay Round Agreements, or the General Agreement on Tariffs and Trade annexed to the WTO Agreement.  There are two agreements which title 17 references, one in 1947 and another in 1994.

The appendixes of title 17 define the United State’s adherence to the Berne Convention and subsequent GATT treaties.  Appendix II states that the acceptance of the Berne Convention by the United States does not take precedence over US law and that any provisions to the convention cannot expand or reduce any rights US authors currently have.  Simply put, Appendix II states a voluntary adherence to the Berne Convention in its current state while maintaining the strength of US law over the treaty.

            It is important to note that while the United States respects the treaty in all member nations, respects and defines “Berne Convention Work,” it maintains current US law in practice before the specifics of the convention.  This is important with regard to US Fair Use policy.  The United States is almost unique in it’s definition of fair use, which title 17 upholds while still participating in the Berne Convention.  Title 17 clearly states that US law takes priority over international treaties, which is good for US authors so they can continue current practices of work creation.

            This applies to my thesis through the voluntary adherence of the United States to the Berne Convention.  The US realizes the need for standards of trades and practices in the global community and does not abandon its history and heritage of case law.  Currently one of the major exporters of intellectual property, the United States maintains a high degree of protection for its domestic works.  The film industry is therefore able to expand current practices into the global economy due to the United State’s participation in the Berne Convention.